Schafer v. UnionBank/Central

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (3d) 110008
Decision Date: 
July 18, 2012
District: 
3d Dist.
Division/County: 
Bureau Co.
Justice: 
HOLDRIDGE
Holding: 
Reversed and remanded.
Plaintiff's complaint alleging bank converted their personal property was sufficiently pleaded. Court improperly granted summary judgment for bank based on commercial security agreement (CSA), as genuine issue of fact as to whether, as bank alleged in affirmative defense, CSA gave bank authority to take immediate possession of personal property. (LYTTON, specially concurring; SCHMIDT, dissenting.)